06-09-1998 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in regular session on Tuesday, June 9,
1998, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION CITY STAFF
David Richmond, Vice-Chairman Steve Simonson
Tony Moreno Asst. City Manager
Joyce Briscoe Mary Ybarra
Keith Van Dine Planning Secretary
Ken Greenwald, Councilman,
ex-officio
Members Absent Others Present
Ernie Evans (work related) Sam Bledsoe, Jim Lord,
Gary Wallace MBC Engineers 2555 Crested Heights
J.L. Stewart & Susan, Jim Prestidge,
1308 Circle Oak 4317 Spanish Oaks
Greg San Marco, Lee & Novella Lewis
Don McCrary & Assoc. 4204 Crown Oak
Hal Marsh, Susan E. Rose,
4209 Spanish Oak 1323 Circle Oak
Ken Smith, James Todd,
1312 Circle Oak Dr. 1505 Circle Oak
Mike Cude, Orval Bennett,
M.W. Cude Eng. 4204 Spanish Oak
#1 Call To Order:
David Richmond called the regular session meeting to order at 7:00 p.m.
#2 Approval of Minutes: Public Hearings and Regular Session of May 12, 1998, and
May 26, 1998.
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David Richmond asked for corrections or additions to the minutes of May 12, 1998.
Joyce Briscoe moved to approve the minutes of May 12, 1998. Keith Van Dine seconded the
motion that carried unanimously.
David Richmond stated that the minutes of May 26, 1998, have not been reviewed and since
there are corrections to be made he suggests the approval of the minutes be postponed until the
next scheduled meeting.
Keith Van Dine moved to postpone approval of the minutes of May 26, 1998. Tony Moreno
seconded the motion that carried unanimously.
#3 Status of Final Plats:
David Richmond reported that the Carolina Crossing Subdivision Unit 4 final plat has been
signed.
#4 BOA Actions:
Joyce Briscoe reported on two Special Exceptions to the Zoning Ordinance: Allen Barton's
request for a side yard setback was approved, and a vote of 3 to 1 failed to approve the request
from Performance Product, Inc. for an additional curb cut. Joyce indicated that until the City
Council takes action on the request from the BOA to change the Board's voting procedures from
4 to 75% of the voting members present, action is difficult. Joyce also added that Performance
Product, Inc. anticipates renting out property to other businesses. We don't know what parking
problems this will generate. At the Planning and Zoning Commission meeting the Commission
members were not provided with this rental information.
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Joyce stated that the Board also looked at the reappointment of three of the board members
whose terms will expire. The present members will be asked if they will continue to serve. If any
decline, the Board will advertise for new applicants.
Steve Simonson offered post BOA meeting clarification on the BOA voting procedures. He
stated that the action taken by the BOA was actually a vote of 3 to 1 for a denial. Steve explained
that the BOA's sole purpose is to vote on changing variances to the existing zoning ordinance. If
the BOA does not vote for the variance the request is denied. Mr. Simonson, after research found
that Mr. Pearcy's appeal will not be to the City Council as he stated at the meeting, but to the
courts. Mr. Pearcy has been informed. Mr. Simonson further said that the BOA did take action; if
the BOA doesn't approve the request, no variance is approved and the existing ordinance stands.
Ken Greenwald pointed out that the BOA voting procedural change process has started, but it
will take 60 to 90 days to complete. This is part of the City's UDC.
David Richmond asked, "when a BOA meeting is called, is it assured that enough members will
be present"? Steve Simonson replied yes. Alternates are called to attend meetings in case one of
the regular members doesn't show.
David Richmond remarked; since the BOA meets infrequently, it is unfortunate that a full
membership can not attend scheduled meetings.
#5 Citizens' Input Other Than Agenda Items:
There were none.
#6 Consider And Make Recommendation: To appoint George Maxfield to the Planning
and Zoning Commission.
Steve Simonson introduced Mr. Maxfield to the Commissioners.
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David Richmond asked for a motion from the Commissioners to appoint George Maxfield.
Joyce Briscoe moved to forward to City Council recommendation for the appointment of George
Maxfield to the Planning and Zoning Commission. Keith Van Dine seconded the motion and the
vote was unanimously in favor.
David Richmond welcomed Mr. Maxfield and invited him to sit in for the duration of the
meeting.
#7 Consider And Take Appropriate Action: Request from Jim Lord, 2555 Crested
Heights, for a Special Exception to the Zoning Ordinance for a side yard setback from 5' to 0' to
build a deck. (BOA #108-98).
Steve Simonson informed the Commission that this is a corner lot and the area that is shown
where they will be building into the "zero" lot line will still be 10' from the street. There are no
utilities in this area as all utilities are in the front yard. Mr. Simonson further stated that the way
the house is situated on the lot, Mr. Lord is requesting to build up to the fence line.
Joyce Briscoe asked if the deck is already in place and Steve Simonson replied yes. Mr. Lord
was not aware of the setback requirement, but as soon as he was informed he came in for the
needed documentation and a permit was issued at that time.
David Richmond commented that due to all the development throughout the city, it is important
to inform new residents of City codes, Perhaps the Homeowners Association can help inform
new residents of the City's requirements and procedures.
Steve Simonson stated that all new residents obtain such information when they come to the City
to get their water turned on. They are given a welcome packet with the information on permits
and other City requirements.
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Joyce Briscoe moved to forward to the BOA with a recommendation for approval the request
from Jim Lord, 2555 Crested Heights, for a Special Exception to the Zoning Ordinance for a side
yard setback from 5' to 0' to build a deck. Keith Van Dine seconded the motion and the vote was
unanimously in favor.
#8 Consider And Discuss: Oak Trail Traffic Impact Analysis.
David Richmond pointed out that the Planning and Zoning Commission at the meeting of May
26, 1998 requested the Traffic Analysis, when Mr. Simonson was asked for an additional review
of the analysis submitted by the developer. A letter from Mr. Joe Nix is in the Commissioners
packets. Mr. Nix (Traffic Engineer} provided the Commission with further information and his
interpretation of the analysis.
Steve Simonson stated that Mr. Nix comes highly recommended from the San Antonio area and
is awell-respected traffic engineer.
Joyce Briscoe commented that the traffic analysis only considers the cars traveling on Crest Oak
and Circle Oak and does not consider what will happen on FM3009. Steve Simonson stated that
the way the ordinance is written, and based on the number of homes proposed this is what is
required in order to see if the streets have the ability to carry the traffic in the units proposed.
Steve Simonson added that the amount of traffic on FM3009 is considerable and the problem the
City has at present is speed and lack of a traffic signals.
Joyce Briscoe stated that "quality of life" is an important issue of concern. Joyce Briscoe
mentioned that on page 206 of the Traffic Impact Anayyis it reads "if the peak hour trips are less
than 100, the city traffic engineer may require the area of study to include the maximum area of
distance of 1/4 mile". Joyce Briscoe asked if the study can be expanded and was informed by Mr.
Simonson that it can be if the City pays for the additional study.
Mr. Nix gave a brief report on the Traffic Impact Analysis indicating that the 97 existing homes
in the Oak Forest development generate 68 exiting trips during the morning peak hours, 41 trips
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exiting Crest Oak and 27 trips exiting at Circle Oak. The evening peak hours generate 76 trips
entering into the development. Mr. Nix added that the Oak Trail development of 166 homes will
increase the traffic on both Crest Oak and Circle Oak. As the subdivision is fully developed, the
trip rate for the morning exiting traffic will decrease from the present rate of 88 seconds per
vehicle on Crested Oak and 133 seconds per vehicle on Circle Oak to 33 seconds per vehicle on
Crested Oak and 49 seconds per vehicle on Circle Oak. This will generate an approach rate of a
least 30 seconds per vehicle that provides a generally acceptable delay.
Mr. Joe Nix indicated that the existing outlet streets of Crest Oak and Circle Oak will be able to
accommodate the traffic of the additional 166 homes proposed by Oak Trial development
through the existing Oak Forest Subdivision. Mr. Nix added that when Wiederstein Road is
extended south and Oak Trial development is able to access the street, a number of trips will
utilize Wiederstein Road and access at IH35. The TIA report indicates that as many as 70% of
the Oak Trail trips will be directed to Wiederstein Road. With traffic trips from other areas such
as IH35, Randolph Air Base, etc. that utilize FM3009, a more realistic percentage of trips
directed to the extension of Weiderstein Road will be 45% to 50%. This will be a substantial
reduction of trips directed to FM3009.
Mr. Nix summarized that these two streets in the traffic study do fit within the capacity of an
average rate of 30 seconds per vehicle during the peak hour. The projected and existing traffic
was considered.
Joyce Briscoe asked if the average was based on a five-day or seven-day peak hour? Mr. Nix
replied that the "Trip Generation Book" consists of nationwide studies in residential areas during
a typical weekday morning and evening peak. The study goes as far as to break it down further to
a seven to nine morning and four to six evening peak hours. Mr.Nix added that what was used in
the study was the "worst case" rate or higher trip rate at the exit/entrance of the subdivision.
Mr. Nix stated that the study does not include the traffic on FM3009, it was not part of the city's
regulations. The study does not take into account the gaps off of FM3009.
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Several citizens in the audience reiterated concerns made at the public hearing of May 26, 1998,
on such issues as:
a. safety
b. durability of the street
c. traffic
d. width of streets
After further discussion covering the issues mentioned by the citizens in attendance, the
Commission suggested the study should include FM3009. Steve Simonson stated the
Commission has the authority to request the inclusion of FM3009 under the TIA rules.
Mr. Nix suggested that the study be expanded to include FM3009 and have the developer hire an
independent reviewer who will provide two opinions.
Keith Van Dine moved for the developer of Oak Trail Subdivision to extend the Traffic Impact
Analysis to include FM3009 and have Mr. Joe Nix review the study. Keith Van Dine included in
the motion that City Staff research the existing streets to see if the streets can handle the heavy
equipment. Tony Moreno seconded the motion that carried unanimously.
David Richmond thanked Mr. Nix for his report.
#9 Consider and Take Appropriate Action: Request from M.W. Cude Engineers, for
Final Plat Approval of Woodland Oaks Subdivision, Unit 6C. (PC #361-98).
Steve Simonson pointed out that the plat is in two sheets because of the area that has to be
replatted, both on Woodland Oaks and Cove Trail, from what they were on the original 6B and
SB. Unit 6C follows the master plan of Woodland Oaks Subdivision. It also shows Woodland
Oaks Drive extended to the end of the property. Mr. Simonson further stated that lots 12 and 46,
which previously showed blank or "common" areas have become larger and will be sold as
special lots. The flood plain information is correct; the owner's signatures and typical lot and
curb information is in placed.
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Keith Van Dine moved to approve the request from M.W. Cude Engineers, for Final Plat
Approval of Woodland Oaks Subdivision, Unit 6C. Joyce Briscoe seconded the motion that
carried unanimously.
Steve Simonson commented that if the Commissioners have not driven out to the subdivision he
suggests they do so. Pulte is doing an excellent job out there and they are working well with the
City staff.
#10 Consider And Take Appropriate Action: Request from Don McCrary & Associates
for Vacate and Plat of Lot 17, Unit 4, in Block Subdivision, Tri-County Business & Industrial
Park. (PC #375-98)
Steve Simonson informed the Commission that in discussion with Chairman Evans in the
terminology of "vacate" versus "re-platting" and the way the City UDC reads, if there is no one
in the area that will be affected the City is allowed to use "re-platting". However, Chairman
Evans has requested that "vacate" be placed on the plat. Steve Simonson further stated that the
plat shows the whole area of lot 17 and only part of it will be re-platted. Steve Simonson advised
that lot 17 was not platted through the City of Schertz. The area was not in the original Tri-
County Development. It was the previous Tri-County Development that included Doerr Lane
and which was abandoned by the City. Steve Simonson pointed out that is why there are
differences of opinions in this area, However, the plat shows the right references to the platting
information, and the area that is shown is the area being vacated. Mr. Simonson further said that
it is the area that formerly showed had Doerr Lane extended through to FM3009. It also had a
utility easement that was abandoned by CPS. Steve Simonson concluded that Doerr Lane no
longer exists and that the power poles have been moved.
Steve Simonson stated that Lot 19 shows 22.900 acres and this is the area that is re-platted, three
streets-Associates, Doerr and Tri-County border the area. Steve Simonson further stated he can
not discuss any of the details, but if approved, this will be for a single user. Nothing this large
has been platted in Tri-County. To give an example: SCI building in Tri-County would look
small.
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Tony Moreno asked for a clarification in the terminology of vacating and re-plat, is it correct?
Steve Simonson stated the plat will have to be changed to read "vacate" and "plat".
Joyce Briscoe moved to approve the request from Don McCrary & Associates for Vacate and
Plat of Lot 17, Unit 4, in Block Subdivision, Tri-County Business & Industrial Park as corrected.
Keith Van Dine seconded the motion that carried unanimously in favor.
#11 Consider And Take Appropriate Action: Request from Lancaster Development
Company for Master Plan Approval of Arroyo Verde Subdivision. (PC #374-98).
Steve Simonson stated that this request was tabled at the previous meeting due to consideration
of the sidewalk issue that was forwarded to the City Council recommending disapproval. Mr.
Lancaster was asked to provide a letter to City Council requesting the variance; however, Mr.
Lancaster has since withdrawn his request and will place sidewalks on both sides of Arroyo
Verde Drive. Steve Simonson further stated that the corrections are shown and include private
green belt labeled, detail on the entrance, lane width and sidewalks. In addition, Steve Simonson
pointed out that the islands have been given lot numbers indicating who will be responsible for
maintenance. Another item noted is that on a normal plat a 10' utility easement is required;
however, they are requesting a 15' utility easement in order to work with the utility providers to
save more trees.
Keith Van Dine asked if CPS complies with the saving of the trees? Steve Simonson replied that
CPS is working very well with the City to comply with the saving of trees.
Keith Van Dine made a motion to approve the request from Lancaster Development Company
for Master Plan Approval of Arroyo Verde Subdivision. Joyce Briscoe seconded the motion that
carried unanimously in favor.
#12 Consider And Take Appropriate Action: Request from Lancaster Development
Company for Preliminary/Final Plat Approval of Arroyo Verde Subdivision, Unit 1.
(PC #373-98).
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Steve Simonson stated that the Commission's request for this development and any future
developments was to ask TXDOT to allow the City to require developers to include deceleration
lanes specifically and acceleration lanes if possible. A copy of the letter sent to Mr. Hoszlmann
of TXDOT was distributed; when the City receives an answer Steve will inform the
Commission.
Steve Simonson pointed out to the box on the plat showing the flood plain boundary information
and a statement, which permits the City to move forward. Mr. Simonson stated that the
statement reads that "until a letter of map revision is received from FEMA these lots (23-29) can
not be developed" and this will allow the development to move forward. Steve Simonson further
stated that the owner's signatures is placed, and a 1.88 acre of recreation area (private park) is
established. Also, the Commission will have to approve a variance for parkland fees like was
done for the Greenshire Subdivision. Because of the private greenbelt and park the subdivision
was allowed to pay half fees. Steve Simonson stated that the parkland fees are $225 per lot if the
variance is allowed thus the fee will be $112.50 per lot.
Joyce Briscoe asked, `where do the parkland fees go?" She was informed that the fee's go into a
parkland fund and are used for City parks e.g. xeriscape parks, sidewalks, lighting, maintenance
of existing parks and new public parks etc.
Steve Simonson concluded that the plat has all the corrections requested by the Commission and
that it has been brought back as a preliminary/final at the Commission's request.
David Richmond asked if it is the developer's intent to place water sprinklers on the islands, and
Mr. Lancaster's response was yes.
George Maxfield asked if the deceleration/acceleration lane issue off of FM3009 was indicated
on the plat in any form. Steve Simonson stated that the letter written to Mr. Hoszlmann of
TXDOT covers the issue.
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Joyce Briscoe moved to approve the request from Lancaster Development Company for
Preliminary/Final Plat Approval of Arroyo Verde Subdivision, Unit 1 to exclude lots 23 through
29 until a letter of map revision is received from FEMA, providing for a variance on parkland
fees to reduce to half of the normal charge of $225 to $112.50 and provided that sprinkler
systems be included in subdivisions islands. Tony Moreno seconded the motion that carried
unanimously in favor.
#13 Consider And Take Appropriate Action: Appointment of a Secretary to the Planning
and Zoning Commission.
David Richmond stated that Pia Jarman held the position of Secretary; however, Pia was elected
to City Council which leaves the Commission with a vacancy. A volunteer is needed to fill this
position.
Keith Van Dine announced that he would like to volunteer for the position of Secretary.
David Richmond stated that it is a unanimous decision by the Commissioners to appoint Keith
Van Dine as Secretary to the Planning and Zoning Commission.
#14 General Discussion:
Keith Van Dine•
Keith informed the Commission of plans fora "Drag Strip" going in next to his business at the
corner of Santa Clara Rd. and IH 10. Keith stated that he was told it will be a four million-dollar
project and will generate between 20 to 30 thousand people on weekends. Keith Van Dine added
that this will be good for the Schertz area and good for his business.
Keith mentioned the water line is moving down Pfiel Road quite well. When complete, the area
will have good water pressure. Steve Simonson stated that once the water line is complete there
will be fewer breaks and more fire hydrants.
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George Maxfield•
George thanked the Commission for their support and his appointment to the Planning and
Zoning Commission and said he will do his best.
Tonv Moreno•
Tony had no comments.
Jovice Briscoe•
Joyce inquired if Elbel Road was scheduled for repairs (cracks in the road) and was informed it
is on the schedule for rehab.
Joyce asked who would be responsible for a dead tree at the entrance of Greenfield Village. The
subdivision does not have an active Homeowners Association and the residents would like to
take care of the dead tree. Steve Simonson asked her to contact the tax department and inquire
who is the owner of the property to resolve the problem or give the residents permission to cut
down the tree.
Steve Simonson:
Steve advised the Commission of the plans for aself-storage development on FM 3009 in front
of Forest Ridge. He asked the developer to send pictures of developments akeady done and the
developer has done so. He passed these out to the Commissioners. Mr. Simonson mentioned that
the City did get a concession from the developer. Instead of locating next to the entrance of
Forest Ridge, he plans to develop next to the power lines several feet away. The developer is
also aware of the overlay ordinance and the requirement for a tree survey. Steve Simonson
informed the Commission that this type of development will wipe away most of the treed area;
since the area is zoned "GB" there is nothing that the city can do to prevent this development.
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Steve Simonson briefly described the construction planned for the building and that it will be an
upscale facility.
Steve Simonson further commented on the rumors of different businesses (restaurants, etc.)
coming into the City. These are just rumors anything coming into the City has to come through
the Planning and Zoning Department. As of today, there are no plans for these types of
businesses.
Steve Simonson pointed out that the `Block Subdivision" planned in Tri-County Business Park
will generate about 300 jobs. It's a single user facility with warehouse space of between 300,000
to 400,000 sq. ft.
Steve informed the Commission that he would check the streets in the Oak Forest Subdivision to
see if the streets can withstand the heavy traffic of the construction equipment. However, he
reminded the Commission that these streets did withstand the traffic when all of the existing
homes were built.
Ken Greenwald:
Ken reminded everyone that the Fourth of July is coming up. Ken also urged everyone to pay
attention to water. The City is in stage one and water is dropping like a rock. It has gone down 35
feet in less than a month and half. The City is working on other water plans such as routing of
lines and at present is testing three water wells. It will be an expensive project.
David Richmond•
David welcomed Merwin Willman to the meeting and said he is happy Mr. Willman stopped to
visit.
David inquired on Blockbuster Video and was informed that the City recently was provided a
new interior plan. The City doesn't have any requirements on interior development and
encouraged Blockbuster to go ahead with the plans.
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#15 Adjournment:
Keith Van Dine moved to adjourn the meeting. Joyce Briscoe seconded the motion. The meeting
adjourned at 9:20 p.m.
Chairman, Planning and Zoning Commission
ATTEST:
Planning Secretary, City of Schertz
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